
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1379b]

 
                          TITLE 7--AGRICULTURE
 
             CHAPTER 35--AGRICULTURAL ADJUSTMENT ACT OF 1938
 
 SUBCHAPTER II--LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING 
                   QUOTAS, AND MARKETING CERTIFICATES
 
                   Part D--Wheat Marketing Allocation
 
Sec. 1379b. Wheat marketing allocation; amount; national 
        allocation percentage; commercial and noncommercial wheat-
        producing areas
        
    During any marketing year for which a marketing quota is in effect 
for wheat, beginning with the marketing year for the 1964 crop, a wheat 
marketing allocation program shall be in effect as provided in this 
part. Whenever a wheat marketing allocation program is in effect for any 
marketing year the Secretary shall determine (1) the wheat marketing 
allocation for such year which shall be the amount of wheat which in 
determining the national marketing quota for such marketing year he 
estimated would be used during such year for food products for 
consumption in the United States, and that portion of the amount of 
wheat which in determining such quota he estimated would be exported in 
the form of wheat or products thereof during the marketing year on which 
the Secretary determines that marketing certificates shall be issued to 
producers in order to achieve, insofar as practicable, the price and 
income objectives of this part, and (2) the national allocation 
percentage which shall be the percentage which the national marketing 
allocation is of the national marketing quota. Each farm shall receive a 
wheat marketing allocation for such marketing year equal to the number 
of bushels obtained by multiplying the number of acres in the farm 
acreage allotment for wheat by the projected farm yield, and multiplying 
the resulting number of bushels by the national allocation percentage. 
If a noncommercial wheat-producing area is established for any marketing 
year, farms in such area shall be given wheat marketing allocations 
which are determined by the Secretary to be fair and reasonable in 
relation to the wheat marketing allocation given producers in the 
commercial wheat-producing area.

(Feb. 16, 1938, ch. 30, title III, Sec. 379b, as added Pub. L. 87-703, 
title III, Sec. 324(2), Sept. 27, 1962, 76 Stat. 626; amended Pub. L. 
88-297, title II, Sec. 202(10), (11), Apr. 11, 1964, 78 Stat. 179, 180; 
Pub. L. 89-321, title V, Secs. 502, 503, Nov. 3, 1965, 79 Stat. 1202; 
Pub. L. 90-559, Sec. 1(1), Oct. 11, 1968, 82 Stat. 996; Pub. L. 91-524, 
title IV, Sec. 402(a), (b)(B), (C), Nov. 30, 1970, 84 Stat. 1362, as 
renumbered and amended Pub. L. 93-86, Sec. 1(9), Aug. 10, 1973, 87 Stat. 
225.)


                               Amendments

    1973--Subsec. (c)(1). Pub. L. 91-524, Sec. 402(b)(B)(i)-(vi), as 
added by Pub. L. 93-86, temporarily substituted ``payments authorized by 
section 1445a(c) of this title'' for ``certificates on wheat'', ``wheat 
allotment'' for ``domestic wheat allotment'', ``thirteen and three-
tenths million'' for ``13.3 million'', ``1971 crop; plus, if required by 
the Secretary, (ii) the acreage'' for ``1971 crop or 15 million acres in 
the case of the 1972 or 1973 crop, plus (ii) the acreage'', ``The 
Secretary is authorized for the 1974 through 1977 crops to limit'' for 
``The Secretary is authorized for the 1971, 1972, and 1973 crops to 
limit'', ``such percentage of the acreage allotment'' for ``such 
percentage of the domestic wheat allotment as he determines necessary to 
provide an orderly transition to the program provided for under this 
section'', ``The Secretary shall permit producers to plant and graze on 
set-aside acreage sweet sorghum, and the Secretary may permit, subject 
to such terms and conditions as he may prescribe, all or any of the set-
aside acreage to be devoted to hay and'' for ``Grazing shall not be 
permitted during any of the five principal months of the normal growing 
season as determined by the county committee established pursuant to 
section 590h(b) of Title 16 and subject to this limitation (1) the 
Secretary shall permit producers to plant and graze on the set-aside 
acreage sweet sorghum, and (2) the Secretary may permit, subject to such 
terms and conditions as he may prescribe, all or any of the set-aside 
acreage to be devoted to'', and ``flaxseed, triticale, oats, rye, or 
other commodity'' for ``flaxseed, or other commodity''. See Effective 
and Termination Dates of 1973 Amendment note below.
    Subsec. (c)(2). Pub. L. 91-524, Sec. 402(b)(B)(i), as added by Pub. 
L. 93-86, temporarily substituted ``payments authorized by section 
1445a(c) of this title'' for ``certificates authorized in subsection (b) 
of this section''. See Effective and Termination Dates of 1973 Amendment 
note below.
    Subsec. (c)(3). Pub. L. 91-524, Sec. 402(b)(B)(vii), as added by 
Pub. L. 93-86, temporarily inserted provisions authorizing the 
Secretary, in the case of programs for the 1974 through 1977 crops, to 
pay an appropriate share of the cost of practices designated to protect 
set-aside acreage against erosion, insects, weeds, and rodents and to 
devote such acreage to wildlife food plots or wildlife habitat. See 
Effective and Termination Dates of 1973 Amendment note below.
    Subsec. (c)(4). Pub. L. 91-524, Sec. 402(b)(B)(i), as added by Pub. 
L. 93-86, temporarily substituted ``payments authorized by section 
1445a(c) of this title'' for ``marketing certificates''. See Effective 
and Termination Dates of 1973 Amendment note below.
    Subsec. (d). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L. 93-
86, temporarily struck out ``certificates issued and of'' before 
``payments made''. See Effective and Termination Dates of 1973 Amendment 
note below.
    Subsec. (e). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L. 93-
86, temporarily struck out references to the issuance of certificates. 
See Effective and Termination Dates of 1973 Amendment note below.
    Subsec. (g). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L. 93-
86, temporarily reenacted subsec. (g) without change. See Effective and 
Termination Dates of 1973 Amendment note below.
    Subsec. (i). Pub. L. 91-524, Sec. 402(b)(C), as added by Pub. L. 93-
86, temporarily reenacted subsec. (i) without change. See Effective and 
Termination Dates of 1973 Amendment note below.
    1970--Pub. L. 91-524, Sec. 402(a), formerly Sec. 402, temporarily 
substituted provisions covering the issuance of domestic certificates to 
producers and a voluntary set-aside program for wheat for provisions for 
a wheat marketing allocation program for the 1964 to 1970 crops. See 
Effective and Termination Dates of 1970 Amendment note below.
    1968--Pub. L. 90-559 temporarily provided for a one year extension 
through 1970.
    1965--Pub. L. 89-321, Sec. 502, temporarily amended section 
generally and, among other changes, extended the wheat marketing 
allocation program from 1964 and 1965 to 1966 through 1969, put a 
minimum limitation of five hundred million bushels on the amount of 
wheat included in the marketing allocation for food products for 
consumption in the United States, and required the cost of any domestic 
marketing certificates issued to producers in excess of the number of 
certificates acquired by processors as a result of the application of 
the five hundred million bushel minimum or an overestimate of the amount 
of wheat used during such year for food products for consumption in the 
United States to be borne by the Commodity Credit Corporation. See 
Effective and Termination Dates of 1965 Amendment note below.
    Pub. L. 89-321, Sec. 503, substituted ``projected farm yield'' for 
``normal wheat for the farm as projected by the Secretary''.
    1964--Pub. L. 88-297, Sec. 202(10), temporarily struck out 
introductory phrase ``During any marketing year for which a marketing 
quota is in effect for wheat'', reduced the national allocation 
percentage by the expected production on the acreage allotments for 
farms which will not be in compliance with the requirements of the 
program, and struck out provisions for wheat marketing allocations to 
non-commercial wheat-producing areas reasonably related to such 
allocations to producers in commercial wheat-producing areas. See 
Effective and Termination Dates of 1964 Amendment note below.
    Pub. L. 88-297, Sec. 202(11), substituted ``food products for 
consumption in the United States'' for ``human consumption in the United 
States, as food, food products, and beverages, composed wholly or partly 
of wheat'' in second sentence.


            Effective and Termination Dates of 1973 Amendment

    Section 402(b)(B) of Pub. L. 91-524, as added by section 1(9) of 
Pub. L. 93-86, provided that the amendment made by that section is 
effective with respect to 1974 through 1977 crops of wheat.
    Section 402(b)(C) of Pub. L. 91-524, as added by section 1(9) of 
Pub. L. 93-86, provided that the amendment made by that section is 
effective for 1974 through 1977 crops.


            Effective and Termination Dates of 1970 Amendment

    Section 402(a), formerly section 402, of Pub. L. 91-524 provided 
that the amendment made by that section is effective only with respect 
to 1971, 1972, and 1973 crops of wheat.


            Effective and Termination Dates of 1965 Amendment

    Section 502 of Pub. L. 89-321, as amended by Pub. L. 90-559, 
Sec. 1(1), Oct. 11, 1968, 82 Stat. 996, provided that the amendment made 
by that section is effective only with respect to crops of wheat planted 
for harvest in calendar years 1966 through 1970, and marketing years for 
such crops.
    Section 503 of Pub. L. 89-321 provided that the amendment made by 
that section is effective beginning with 1970 crop.


            Effective and Termination Dates of 1964 Amendment

    Section 202(10) of Pub. L. 88-297 provided that the amendment made 
by that section is effective only with respect to crops planted for 
harvest in 1964 and 1965.
    Section 202(11) of Pub. L. 88-297 provided that the amendment made 
by that section is effective with respect to crops planted for harvest 
in calendar year 1966 and any subsequent year.


                       Inapplicability of Section

    Section inapplicable to 1996 through 2002 crops of loan commodities, 
peanuts, and sugar and inapplicable to milk during period beginning Apr. 
4, 1996, and ending Dec. 31, 2002, see section 7301(a)(1)(H) of this 
title.
    Section inapplicable to 1991 through 1995 crops of wheat, see 
section 303 of Pub. L. 101-624, set out as a note under section 1331 of 
this title.
    Section inapplicable to 1986 through 1990 crops of wheat, see 
section 310(b) of Pub. L. 99-198, set out as a note under section 1331 
of this title.
    Section inapplicable to 1982 through 1985 crops of wheat, see 
section 303 of Pub. L. 97-98, set out as a note under section 1331 of 
this title.
    Section inapplicable to 1978 through 1981 crops of wheat, see 
section 404 of Pub. L. 95-113, set out as a note under section 1331 of 
this title.
    Section 402(b)(A) of Pub. L. 91-524, as added by section 1(9) of 
Pub. L. 93-86, provided that: ``Section 379b of the Agricultural 
Adjustment Act of 1938 (which provides for a wheat marketing certificate 
program) [this section] shall not be applicable to the 1974 through 1977 
crops of wheat, except as provided in paragraphs (B) and (C) of this 
subsection [amending this section and section 1379c of this title].''

                  Section Referred to in Other Sections

    This section is referred to in section 1334 of this title.
